My question involves court procedures for the state of: not sure, DC, VA, or MD?
So a brief synopsis, I am a Realtor who lives and has office in VA, but also work in DC & MD.
Last year I had a client who was the PR of her mother's estate which was intestate and originally opened in 2015. The estate was opened in Charles County, MD with an ancillary estate opened in DC for a piece of property I was hired to sell.
The property was in disrepair and facing foreclosure and the estate did not have any money, the client wanted to price it for a quick sale. Even though it was facing foreclosure there was a good amount of equity. We listed the property and received 9 offers in a short time with about half going over ask price.
We signed the best offer, which was all cash with no contingencies set to settle 8/2016. About a week or two before settlement, this person who is legitimately mentally unstable began harassing me and the PR claiming she was adopted and should be PR and not my client. She filed pro se litigation with the Charles County Orphan's court and while she had absolutely nothing to prove she was adopted, the court decided since there was a dispute to remove my client and appoint an attorney as PR. There was no finding of any wrong doing against my client, this was simply the court's decision to provide for a neutral party.
At this time settlement on the contract had passed and the estate was in default. The lady who claimed she was adopted began harassing the attorney and even filing some garbage with the court saying how I was not to be the Realtor and should have my license taken, etc. and basically trying to come after me. So the attorney refused to settle the deal and asked me to withdraw the listing.
I said no, both the listing agreement and the contract are valid and binding upon successors, and the purchaser was not willing to release the contract either. Furthermore, I had already fulfilled the 'compensation' paragraph of the listing agreement by finding a ready willing and able buyer which the estate had remained in default with. The commission owed is $9300.
So after months of nothing happening except them saying they were going to get the court to invalidate the contract (to which I said go ahead and try) which they have not successfully done they listed the same property with another realtor a few days ago. This is also a breach of contract as our agreement is an exclusive right to sell. They say the expiry on the listing agreement has passed (12/2016) and I told them it does not matter since we've been under contract since 7/16 and they've been in default since 8/16.
So I contacted a few attorneys none seemed interested in the case, I'm willing to file pro se it appears to me I'm solid and they are shaky at best, but I don't know which court to file with.
As I said, property and ancillary estate in DC, I am in VA, large estate in MD. Should I file in a US District court since there is no clear jurisdiction for DC, VA, or MD?
I'm also not sure what is the smartest course of action whether it is filing for specific performance and then recording a lis pendens or if I should just file for my commission due under the listing agreement?
Any thoughts?
So a brief synopsis, I am a Realtor who lives and has office in VA, but also work in DC & MD.
Last year I had a client who was the PR of her mother's estate which was intestate and originally opened in 2015. The estate was opened in Charles County, MD with an ancillary estate opened in DC for a piece of property I was hired to sell.
The property was in disrepair and facing foreclosure and the estate did not have any money, the client wanted to price it for a quick sale. Even though it was facing foreclosure there was a good amount of equity. We listed the property and received 9 offers in a short time with about half going over ask price.
We signed the best offer, which was all cash with no contingencies set to settle 8/2016. About a week or two before settlement, this person who is legitimately mentally unstable began harassing me and the PR claiming she was adopted and should be PR and not my client. She filed pro se litigation with the Charles County Orphan's court and while she had absolutely nothing to prove she was adopted, the court decided since there was a dispute to remove my client and appoint an attorney as PR. There was no finding of any wrong doing against my client, this was simply the court's decision to provide for a neutral party.
At this time settlement on the contract had passed and the estate was in default. The lady who claimed she was adopted began harassing the attorney and even filing some garbage with the court saying how I was not to be the Realtor and should have my license taken, etc. and basically trying to come after me. So the attorney refused to settle the deal and asked me to withdraw the listing.
I said no, both the listing agreement and the contract are valid and binding upon successors, and the purchaser was not willing to release the contract either. Furthermore, I had already fulfilled the 'compensation' paragraph of the listing agreement by finding a ready willing and able buyer which the estate had remained in default with. The commission owed is $9300.
So after months of nothing happening except them saying they were going to get the court to invalidate the contract (to which I said go ahead and try) which they have not successfully done they listed the same property with another realtor a few days ago. This is also a breach of contract as our agreement is an exclusive right to sell. They say the expiry on the listing agreement has passed (12/2016) and I told them it does not matter since we've been under contract since 7/16 and they've been in default since 8/16.
So I contacted a few attorneys none seemed interested in the case, I'm willing to file pro se it appears to me I'm solid and they are shaky at best, but I don't know which court to file with.
As I said, property and ancillary estate in DC, I am in VA, large estate in MD. Should I file in a US District court since there is no clear jurisdiction for DC, VA, or MD?
I'm also not sure what is the smartest course of action whether it is filing for specific performance and then recording a lis pendens or if I should just file for my commission due under the listing agreement?
Any thoughts?
Jurisdiction and Venue: Not Sure Which Court Has Jurisdiction
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